Broadly speaking, gender reassignment discrimination can fall into two categories: direct and indirect discrimination.
· Treating an employee or job applicant less favourably because they have undergone or intend to undergo gender reassignment surgery.
· Treating an employee or job applicant less favourably because they associate with someone who has had or intends to undergo gender reassignment surgery.
Indirect gender reassignment discrimination can include:
· Putting into place practices that mean someone who has had or intends to have gender reassignment surgery is disadvantaged when compared with other employees or job applicants. This means that if you are denied a job, promotion or access to employment benefits because of your gender reassignment, you might have a case to take to an employment tribunal.
Also, if you are harassed in any way, denied rights that should be given as standard or victimised for making a claim against an employer, this could also be classed as gender reassignment discrimination.
Also, if you are absent from work due to gender reassignment then the Equality Act 2010 states that you should be treated the same as an employee who is absent due to sickness or injury. If you are treated less favourably than this you should seek legal advice to discuss your options and whether you have grounds to make discrimination claim.
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